Q: Travelling on AP to activate H1B
I have a pending i485 application, also I have a valid H1B i797 through consular processing, which is not yet activated. (i) Can I leave the United States using advance parole & re enter using my H1B visa (on H1B status)? (ii) Will this have any effect on my pending i485 application?
Thank you in advance!
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- Answered
A:
Yes, you can leave the United States using advance parole (AP) and re-enter using your H1B visa to activate your H1B status. Upon re-entry, you would be admitted in H1B status rather than parolee status, as long as the H1B visa is valid.
However, using your H1B visa to re-enter should not negatively impact your pending I-485 application. Your I-485 application will continue to be processed as usual, and you can maintain your H1B status while your adjustment of status application is pending.
Make sure to carry all relevant documents with you when you travel, including your valid H1B visa and I-797 approval notice, to avoid any complications at the port of entry.
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